Woman’s foot on gas, not operating vehicle: KS Sup. Ct.
KANSAS (KSNT) - The Kansas Supreme Court has reversed a Court of Appeals decision regarding a woman who had her license suspended after failing an alcohol breath test.
On Jan. 24, 2021, law enforcement arrived to a scene where a woman's husband had allegedly driven a vehicle into a house before landing in a muddy ditch. When officers arrived, they found the couple trying to get the vehicle out of the ditch, according to facts and procedural background on the case.
The woman was in the driver's seat pressing the gas pedal with both hands on the steering wheel, according to court documents. The vehicle's tires were spinning and her husband was trying to push the vehicle.
"Jarmer submitted to a breath alcohol test and the result was 0.156. The legal limit in Kansas is 0.08. See K.S.A. 2021 Supp. 8-1567(a). She was arrested for driving under the influence," the court documents stated.
Because the woman's vehicle was unable to move, the court concluded that her actions constituted attempted operation of the vehicle and not actual operation. The majority concluded that the Kansas Department of Revenue didn't have the authority to suspend her license.
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